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Energy & Utilities Government Contracting Construction

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.

A strict enforcement of time bar provisions

by White & Case LLP on

Time bar provisions are a relatively common feature of construction contracts, but often arouse concern because they are seen to be "harsh". A recent case from Northern Ireland confirms that notwithstanding any "harsh"...more

Mexico’s "Red Troncal" project - New telecom nationwide backbone network project to be launched in Mexico

by White & Case LLP on

The 2013 amendments to the Mexican Constitution and Mexico's new Telecom Law require Mexico's federal government to build a nationwide fiber optic backbone network, which will be called the Red Troncal....more

Solar in the Frost: What to Watch Out For

As solar technology continues to become more efficient, construction of solar plants is expanding rapidly around the world, including in colder environments that, in the past, may have lacked the irradiance necessary to make...more

Oil & Gas Sector in Mexico: Comisión Nacional de Hidrocarburos Announces Petróleos Mexicanos Invitation to Bid for Ayín-Batsil...

by Shearman & Sterling LLP on

On March 7, 2017, the Mexican government, through the Comisión Nacional de Hidrocarburos (National Hydrocarbons Commission or “CNH”), commenced an international tender process to grant the right to enter into a production...more

"Trump Infrastructure Plan May Open Opportunities for Projects"

After nearly two decades of widening concern over the declining state of U.S. infrastructure, it was not surprising that infrastructure became a central theme in the 2016 election cycle. Improving our nation’s transportation,...more

New administration sets stage for shift in domestic preference requirements and enforcement activities

by Dentons on

The presidential memoranda signed on January 24, 2017, by President Trump relating to the Keystone XL and Dakota Pipelines included a message of particular significance to the government contractor community: Buy American....more

The Department of Energy’s Simplified IIP Process Goes Into Effect in November

by Latham & Watkins LLP on

On November 28, 2016, the Department of Energy’s (DOE) simplified Integrated Interagency Pre-Application (IIP) Process will go into effect. The IIP is a voluntary, pre-application process intended to streamline and...more

EPA Plays Defense in Mine Disaster

by Williams Mullen on

EPA finds itself in unfamiliar territory as the agency defends its involvement in a multi-state environmental disaster. In 2015, a contractor acting under EPA’s supervision used an excavator to dig away tons of rock and...more

Public-Private Partnerships Can Power the Green Economy

At the first presidential debate, Hillary Clinton expressed a desire for the United States to become the “clean energy superpower of the 21st century.” Donald Trump responded that he, too, believes in all forms of energy, but...more

Water P3s Now on Tap in South Florida

Florida was an early pioneer in the United States of the public-private partnership (“P3”) model as a means of funding infrastructure improvements. In South Florida alone, we have the Florida Atlantic University dormitory,...more

Saudi Arabia and the Gulf Cooperation Council: Infrastructure Delivery Including Under a Public Private Partnership Model: Top 10...

by King & Spalding on

The sovereign funding gap caused by a low oil price environment, coupled with a global period of economic uncertainty, are two drivers leading governments and state owned enterprises (SOEs) throughout the Middle East and...more

Public Works Slowdown Following Implementation of the New Italian Public Procurement Code

by Latham & Watkins LLP on

The Italian Government definitively approved Legislative Decree no. 50 in April this year, implementing Directives 2014/23/EU, 2014/24/EU and 2014/25/EU of the European Parliament and European Council. The revised legislation...more

The Trans-Pacific Partnership Series - Navigating a new era of trade in the Pacific-Rim

by DLA Piper on

The Trans-Pacific Partnership (TPP) presents enormous opportunity for members of the infrastructure and construction sector to grow and diversify, both domestically and globally. In this Part 2 of our two-part series on the...more

Saudi’s Vision 2030 – Why Government Capacity Building Is So Important

by King & Spalding on

Introduction - Considering the complexity involved in developing a national public-private partnership (PPP) program, it is generally accepted that governments do not typically have the internal skill sets required to...more

Saudi’s Vision 2030 – The Challenge Of Implementation And Some Analysis On Institutional And Regulatory Public Private Partnership...

by King & Spalding on

On 25 April 2016, Deputy Crown Prince Mohammed bin Salman announced Vision 2030, the Kingdom of Saudi Arabia’s vision for life without crude oil. It’s fair to say that the announcement has been positively received, both...more

Construction Subcontractor Settles FCA Allegations for $2.8 Million

by Dorsey & Whitney LLP on

A recent settlement illustrates the broad reach of the FCA and the substantial liability that “mere retention” of an overpayment can impose on contractors several steps removed from a government contract. The dispute...more

Il nuovo Codice degli Appalti Pubblici

With the Legislative Decree n. 50 of 18 April 2016 "Implementation of directives 2014/23 / EU, 2014/24 / EU and 2014/25 / EU on the award of concession contracts, on public procurement and procurement by entities operating in...more

FERC Conference to Address Implications of Binding Transmission Development Bids

by Morgan Lewis on

FERC rejected a transmission developer’s request that binding revenue requirement transmission project bids should be deemed just and reasonable and subject to Mobile-Sierra protections, but announced a technical conference...more

New Law Streamlines Federal Permitting and Environmental Review Processes

by Stoel Rives LLP on

Major infrastructure developers received a notable holiday gift from Capitol Hill and the White House earlier this month with the December 4, 2015 enactment of the Highway Authorization Act. Title XLI of the Act promises to...more

Justice Department Recovers Nearly $6 Billion From False Claims Act Cases in 2014

by Carlton Fields on

The U.S. Department of Justice (DOJ) obtained a record $5.69 billion in settlements and judgments from civil cases involving fraud and false claims against the government in fiscal year 2014. This marks the first time the DOJ...more

Mexico’s Energy Industry: Updated Bidding Guidelines and Contract Terms for Ronda Uno, Second Tender

On August 4, 2015, the Comisión Nacional de Hidrocarburos (the CNH) released revised versions of the Bidding Guidelines (the Guidelines) and the Model Production Sharing Contract (the PSC) for the Second Tender published on...more

Public-Private Partnerships Offer Alternative Model for Water Infrastructure Projects

by Burns & Levinson LLP on

In February 2012, the Commonwealth of Massachusetts completed a study of the state’s drinking, wastewater, and stormwater infrastructure needs that identified a funding gap of at least $39 billion over the next 20 years. The...more

DTE Energy Issues 5-50 MW RFP

by Foley & Lardner LLP on

DTE Energy (DTE) announced recently that it has issued a request for proposal (RFP) for the construction of a 5-50 MW solar generating facility. While DTE is seeking proposals for projects in the city of Detroit as well...more

Santa Paula’s Water Recycling Facility Purchase Caps Successful Public-Private Partnership

by Best Best & Krieger LLP on

The City of Santa Paula’s decision to purchase its much-touted and award-winning water recycling facility highlights how this pioneering public-private partnership project has proven to be a triumphant model of risk...more

Kuwait Power and Water Projects to Flourish Following Publication of PPP Regulations

by Latham & Watkins LLP on

New PPP Regulations - Further to the publication of the new PPP law in August 2014, the corresponding executive regulations were published in the official gazette on 29 March 2015....more

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